TABLE OF CONTENTS Preface…………………………………………………………………….. i 1. District Context………………………………………………………… 1 1.1. Demographic characteristics………………………………….. 1 1.2. Socio-economic Profile………………………………………….. 1 2. Constituency Profile………………………………………………….. 1 2.1. Demographic characteristics………………………………….. 1 2.2. Socio-economic Profile………………………………………….. 2 2.3. Electioneering and Political Information……………………. 2 2.4. 1992 Election Results…………………………………………… 2 2.5. 1994 By-Election Results………………………………………. 2 2.6. 1997 Election Results…………………………………………… 3 2.7. Main problems……………………………………………………. 3 3. Constitution Making/Review Process…………………………… 3 3.1. Constituency Constitutional Forums (CCFs)………………. 3 3.2. District Coordinators……………………………………………. 5 4. Civic Education………………………………………………………… 6 4.1. Phases covered in Civic Education 4.2. Issues and Areas Covered 6 7 5. Constituency Public Hearings……………………………………… 7 5.1. Logistical Details…………………………………………………. 5.2. Attendants Details……………………………………………….. 7 5.3. Concerns and Recommendations…………………………….. 8 9 Appendices 40 1. DISTRICT CONTEXT Githunguri constituency falls in Kiambu district, Central Province. 1.1. Demographic Profile Male Female Total District Population 369,101 374,909 744,010 Total District Population of 18 years of Age & 173,638 175,461 349,099 Below Total District Population of 19 years of Age & 195,463 199,448 394,911 Above Population Density (persons/Km2) 562 1.2. Socio-Economic Profile Kiambu district: • Is the most populous and most densely populated in Central province. • Has low unemployment rate (8.84%). • Has agriculture as the main economic activity. • Has the lowest absolute poverty profile at 25%. • Has the lowest food poverty profile at 24%. • Has average primary school enrolments rate at 72.6%, ranking it 31st nationally. • Has high secondary school enrolments rate at 43.5% ranking it third in the country. • Has a low level of malnutrition at 15.7%, ranking it eighth nationally. • Has 91% of the residents having access to safe sanitation. • Has 68% of the residents having access to safe drinking water. • Has upper respiratory tract infections, malaria, skin diseases and infections, ulcers, diarrhoea diseases, intestinal worms as the main diseases. Kiambu has the second largest average number of constituents per MP in Central Province, 148,802. The area’s five members of Parliament cover about 265 Km2 each. The district voted on the basis of individual appeal rather than parties. 2. CONSTITUENCY PROFILE 2.1. Demographic Profile Area Density (persons Male Female Total Constituency Km2 per Km2) Population 66,775 69,774 136,554 175.2 779 2.2. Socio-Economic Profile The main economic activity in the constituency is agriculture with tea and coffee as the main 2 cash crops produced. Small-scale farmers also practice dairy farming and food crop production. 2.3. Election and Political Information • The constituency has been an opposition stronghold since the 1992 multiparty elections. • Ford Asili won the 1992 general elections with a landslide 80% vote, but the candidate passed away occasioning a by-election in 1994, won by the same party. • Social Democratic Party won the 1997 general elections with only 45% votes, followed closely by LDP with 44% votes • In 2002, KANU took the seat. 2.4 1992 General Election Results 52,6 1992 TOTAL REGISTERED VOTERS 18 % OF VALI CANDIDATE PARTY VOTES D VOT ES 79.6 Josephat Karanja FORD-A 34,019 7 10.5 Arthur Magugu KANU 4,498 3 Rose Waruhiu DP 3,450 8.08 Koigi Kiburi KNC 524 1.23 Ngoima wa Mwaura FORD-K 210 0.49 100. Total Valid Votes 42,701 00 Rejected Votes 766 Total Votes Cast 43,467 % Turnout 82.61 % Rejected/Cast 1.76 2.5 1994 By-Election Results 52,6 1992 TOTAL REGISTERED VOTERS 18 3 % OF VALI CANDIDATE PARTY VOTES D VOT ES 84.9 Njehu Gatabaki FORD-A 23,781 0 15.1 Arthur Magugu KANU 4,228 0 100. Total Valid Votes 28,009 00 Rejected Votes - Total Votes Cast 28,009 % Turnout 53.23 % Rejected/Cast 0.00 4 2.6 1997 General Election Results 53,8 1997 TOTAL REGISTERED VOTERS 85 % OF VALI CANDIDATE PARTY VOTES D VOT ES 45.3 Njehu Gatabaki SDP 20,129 8 44.4 Kinyanjui Arthur Magugu LPD 19,694 0 David Ndia Thuo DP 1,835 4.14 Paul Karuga Njuguna FORD-P 1,020 2.30 Godfrey Njoroge Wanjihia KANU 817 1.84 Muhia David Gitau SAFINA 590 1.33 Daniel Kago KSC 159 0.36 James H. Gitau Mwara KENDA 108 0.24 100. Total Valid Votes 44,352 00 Rejected Votes 752 Total Votes Cast 45,104 % Turnout 83.70 % Rejected/Cast 1.67 2.7 Main Problems • Poor infrastructure development. • Declining coffee and tea production. • Collapse of farmers cooperative societies. 3. CONSTITUTION MAKING/REVIEW PROCESS 3.1. Constituency Constitutional Forums (CCFs) 3.1.1. Philosophy The Constituency Constitutional Forum (CCF) plays a very significant role in the review of the constitution. It is designated as one of the organs ‘ through which the review process shall be 5 conducted’ - (sec. 4(1) of the Constitution of Kenya Review Act, Cap.3A). The importance attached to the CCF arises from the recognition of the need to involve the people fully in the review of the constitution. Only through such participation of the public will the new constitution reflect the preferences, hopes and aspirations of the people. It would also increase people’s knowledge of constitutional issues, and facilitate their familiarity with the provisions of the new constitution. Additionally, the process, enhances the legitimacy of the constitution among Kenyans and their sense of ownership over it. In these ways the proper implementation and safeguarding of the constitution will be facilitated. 3.1.2. Composition and Establishment The 1997 Review Act had provided for district forums ‘to mobilize communities at the local level for the purpose of civic education in preparation for the Commission’s work and to perform such other duties as the Commission may assign’ - (sec. 12A (6). The District Forums were to consist of members elected to represent locations, religious organizations, and the disabled, in addition to MPs and members of every local authority in the district. The Act contained several provisions prescribing minimum qualifications for membership and regulating the operations of the District Forums. The Select Committee of the National Assembly, which reviewed the Act in early 2000, decided to replace the District Forums with Constituency Forums to get views ‘ directly from the people in the constituency without necessarily going through the rigors of an election to determine the members of the forum’. It thought that this would provide for a more popular form of participation. It recommended on the simplification of the forum to avoid elections. The Select Committee envisaged the constituency forum as and ‘open forum with no specific structures’, which should be ‘ flexible and easy to manage’. Its opinion was that the ‘existing leadership comprising Members of Parliament, councilors, community based organizations, religious groups and individuals should be able to present views and opinions directly from the grassroots’ ( The Report of the Parliamentary Select Committee Reviewing the Constitution of Kenya Review Act,1997, April 2000). It removed the regulatory powers of the Commission over the forum, its role being confined to the ‘facilitation’ of the forum. It also changed the function of the forum from the facilitation of civic education to the collection and collation of the views of the public on proposals to alter the constitution. In view of the limited role of the CKRC in the establishment of the CCF’s, the CKRC prepared and gazetted Guidelines for the operationalization of the constituency constitutional forums. The Guidelines stipulated that all the residents of a constituency would constitute the CCF. The CCF is described as one of the organs ‘ through which the review process shall be conducted’ - (sec.4(1)). The CCF was thus one of the principal ways in which the views of the public were to be obtained. In order to coordinate and facilitate the activities of the CCF, a Constituency Constitutional Committee (CCC) was to be established. The Guidelines proposed its membership to consist of 10 persons, of which three would be ex-officio: the local MP, the chair of the County Council in which the constituency is located, and the District Coordinator. The Guidelines stated that the 6 membership would be as broad and representative of the people of the constituency as possible and recommended that at least a third of the committee should be women. 7 3.1.3. Functions of CCF • Collection of the views of the public at the constituency level on proposals to alter the constitution; and • Debate, discussion and collation of the views of the members of the public on proposals to alter the constitution. In performance of these functions, the CKRC was required to visit all constituencies (Sec.18 (1)(a)). 3.1.4. Functions of CCC • The functions of the CCC were mainly facilitative and advisory, the primary aim being to enhance the effective participation in the ownership of the constitution review process by the people at the constituency level; • The CCC was also mandated to promote, facilitate and monitor civic education at the constituency level in collaboration with the District Coordinator and civic education providers; • Additionally, the CCC had to ensure that the constituency had access to all information relevant to the review process in coordination with District Documentation centers; and • Finally, the CCC was also mandated with the task of dissemination of the report of the CKRC. It was to be assisted in this by the District Coordinator, who was also its accounting officer, in relation to funds that were made available to it by CKRC. It is important to emphasize that the Guidelines were advisory, and the local community was free to modify them to suit local circumstances. For example, the size of the CCC could be increased when and if adequate representation and diversity required it.